Cabot - Is This Right?

[Ell-enn]

Hi there, I received a "pay up or else" letter from Cabot which at the same time informed me that they had bought from Vanquis in July 07. On the back of the letter it stated that this letter acts as notice of assignment! - and also that interest will be accruing in accordance with the terms of the original agreement.I've had no notices from Vanquis - haven't had a card with them for years and years and didn't leave it with a balance. The original credit limit was only 250 anyway and Cabot think I owe £634.93!!!!

I sent them a CCA letter with £1 PO. I've now received an answer from them - returning the PO- saying they have asked Vanquis for a copy of the agreement and will be in touch with me soon. (They signed for the request on 31st August). Why return PO?

 

Can I just add what a fantastic site this is - every time I log on I am amazed at the number of people who have problems - it's so good not to feel embarrassed or ashamed in "baring all" to you wonderful people.

 

I have quite a few black clouds hanging over me (DCA's) from the years following my husbands death when things were very hazy for a while. However I'm going to deal with this new one (and one from Mackenzie Hall which arrived same day) before trying to undo that which has already been done - so to speak.

[Seahorse]

They are now returning the £1 because I queried their right to it if they don't consider they have any duties under the CCA. Despite their contention that this is so, still give them 12+30 days to comply before reporting them to the various regulatory bodies.

 

It might be worth SARing Vanquis too, and just to make sure, apply for copies of your credit reports from the various CRA's to make sure there are no defaults registered.

 

I'd reply back to Cabot and tell them that as you do not recognise the debt, you wish to complain that they are harrassing you for a debt you do not owe. They are obliged to follow their own complaints procedure (Complain), after which time you can report them to the FOS.

 

Cheeky beggars.

[42man]

Ell-enn....you say you haven't had a card for years and years ? could any of these debts be statute barred at all ??

[Ell-enn]

42man - I honestly can't remember. Things went a bit hazy after my husband died, but they could be stat barred. I'll wait and see if they comply with my CCA request. If they can't there may be no need to go further?

[42man]

Yes see if they comply with the CCA, I have a feeling you may not hear from them again, If they fall outside the 12+2+30 days you MUST complain to the OFT and Trading Standards. If they do provide what they believe is a CCA then scan it and post it on here (take off your personal details) so the experts on here can tell you if it is a properly executed agreement with the terms and conditions.

[djdave]

I'd send a S.A.R - (Subject Access Request) to the original creditor, it may reveal that these debts are statute barred, in which case it doesn't matter a jot what Cabot do or don't produce

 

Of course, if the alleged debt is more recent, there may be charges which you could reclaim in the usual way - although with the infamous test case this could take some time.

 

In fact.... if you were chasing the OC for a refund of unlawful charges, I personally don't see how Cabot could take any action until this is resolved. You'd certainly be disputing the debt.

[Seahorse]

The test case doesn't affect credit card claims. I'm more concerned with the fact that Vanquis appear to use the internet as their method of attracting new business, and I'm not too sure how the CCA applies if that is the case here.

 

Having said that, if it's statute barred, then it doesn't really matter.

[djdave]

Good point about the test case, Seahorse.

 

Re Vanquis touting for business over t'internet, wouldn't that only have a bearing if the "agreement" was made under the 2006 Act? Surely under the 1974 Act they'd still have to send out a paper copy for a signature?

[Curlyben]

Electronic signatures are valid under a CCA 74,

2004 amendment: The Consumer Credit Act 1974 (Electronic Communications) Order 2004